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Eterna Law

SOPHIA BUSINESS CENTER, 6 RYLSKIY LANE, 01601 KYIV, UKRAINE
Tel:
Work +380 44 490 7001
Email:
Web:
https://www.eterna.law
Almaty, Kiev, Moscow

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AstapovLawyers successfully represented a leading Ukrainian commodities trader in FOSFA Arbitration

January 2011

28.12.2010 - FOSFA arbitration tribunal has recently rendered an award in favour of AstapovLawyers’ client, one of the largest Ukrainian commodities traders, in an arbitration case initiated by a multinational commodities trader due to the alleged contamination of Ukrainian sunflower seed oil.

This case was a consequence of the Europe-wide scandal on alleged contamination of a number of shipments of Ukrainian sunflower seed oil. However, the Tribunal did not find in its Award whether any contamination had taken place. The arbitrators found this issue as unnecessary because the contract was on CPT port tank terms and thus did not obligate the seller to ensure the quality of the goods at loading into the vessel. The Tribunal had further found that since the respective parcel of oil was commingled with other parcels of oil at the buyer's warehouse prior to shipment by sea, there were no grounds for the buyer to claim against the seller.

Eugene Blinov has commented on the outcome of the matter as follows: "Having substituted the previous counsel in the matter, we managed to drastically change the balance of arguments to our client's favour, which resulted in this positive award. Having gained victory in this truly remarkable case, we continue working on a number of other cases involving alleged contamination of Ukrainian sunflower seed oil."

AstapovLawyers International Law Group has an extensive expertise and outstanding track record in the field of commodities' arbitrations conducted under English law. This particular case was handled by AstapovLawyers international arbitration practice, in particular by Senior Associate Eugene Blinov and Managing Partner Andrey Astapov.

For more information, please contact Elena Karchova, PR Director, AstapovLawyers: +38 (044) 490 70 01, pr@astapovlawyers.com


AstapovLawyers International Law Group is one of the leading full service Law Firms in Ukraine, Russia and Kazakhstan. The company is ranked among TOP-10 law firms and is recognized by such respected international industrial publications as Corporate INTL Magazine, Who's Who Legal, Legal 500 and others. Particularly in 2010 AstapovLawyers was chosen as the winner of the Corporate INTL Magazine Global Award "Dispute Resolution Advisory Firm of the Year in Ukraine" and "Competition Law Advisory Firm of the Year in Russia". The firm employs over 80 high qualified professionals in its offices in Ukraine, Russia and Kazakhstan. Firm's key clients include agro companies Glencore, Soufflet Negoce SA, Bunge, Valars Group, EFKO, Mriya, United grain company, alcohol holdings Nemiroff, Soyuz-Victan and companies Raiffeisen Bank Central, Danone, Energoatom, Ferrexpo, DEMZ and others. More information about the firm is available at www.astapovlawyers.com.

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